As a criminal defense attorney, I have represented many,
many people accused of smoking marijuana.
Most thought it was a harmless activity which brought momentary
pleasure.
Be that as it may, I would tell them, it is also illegal
and thus its use entailed the risk of harmful consequences in court. Consider finding your pleasure, I would
suggest, in lawful pursuits.
Of course, some continued to ignore the law’s
proscriptions, but others mended their ways.
And that, after all, was the law’s objective.
The premise of drug laws is that the use of intoxicants
should be discouraged. Such drugs are
bad for society since users are less likely to be contributing members in a
number of ways.
So if deterrence is a worthwhile accomplishment, laws
making marijuana illegal work. We’re not
talking about stunning success here.
Plainly, many people smoke “weed” in jurisdictions where its use remains
against the law.
But I have no doubt that legalizing marijuana will surely
increase the numbers using it. Members
of society who might have partaken, but for its illegality, will no longer be
deterred.
Well, so what? Is
marijuana worse than tobacco or alcohol?
According to research, no and yes.
Apparently it’s not as addictive.
But it’s also a gateway to more damaging drugs like heroin and cocaine. That’s not to say that the marijuana smoker will
inevitably turn into a heroin addict, but there is a significant risk. [There is also considerable evidence that pot
smoking in young adolescents and young adults is harmful to their
still-developing brains.]
Libertarians contend, understandably, that adults have
the right to live by their choices. Alcohol and cigarettes pose serious health
problems. And they are legal. But traditional conservatives, certainly not
antagonistic to liberty, ask if expanding the pool of people engaging in
potentially dangerous activities is good for society as a whole?